Terms of Use

TERM OF USE

1. THE SERVICE

YEMMZ (www.yemmz.com ("the Site")) is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends ("the Service"). The service is operated by TELEKOM MALAYSIA BERHAD ("TM"). By registering and/or using the Service you are deemed to have acknowledge, accepted and agree to be bound by the following Terms of Use ("TOU").

TM reserves the right to update or revise the TOU from time to time. TM may give notice of amendment to you in such manner as TM deems appropriate. Continuation in the access or use of the Service signifies acceptance of the changes to the terms and conditions.

2. AGE REQUIREMENT

The Member must be at least 18 years of age, or of legal age as specified by the laws of Malaysia from time to time, in order to use the Service. TM shall disclaim responsibility for its contractual obligation made with a minor. Any agreement entered into by a minor shall be deemed to be entered into by the said minor's legal guardian and shall be binding on the legal guardian, including but not limited to all financial charges and legal liability that the minor may incur as a result of entering into this TOU.

3. CHARGES

By using the Service and by becoming a Member, you acknowledge that TM reserves the right to impose charges for the Service.

4. MEMBER'S RESPONSIBILITIES

comply with and not to contravene with all applicable laws of Malaysia relating to the Service;
be responsible for the set-up or configuration of his own equipment for access to the Service;
ensure that the Member's equipment configuration comply with the configuration stated in the Site in order to use the Service;
comply with all notices or instructions given by TM from time to time in respect of the use of the Service;
comply with the rules of any network to which the Member has access through the Service;
conform to Internet etiquette that is required by the electronic forums including TM's Conditions of Use as may be decided by TM from time to time;
be solely responsible for all information retrieved, stored and transmitted by the Member through the use of the Service;
obtain TM's prior approval before making any changes to the network configuration and interconnecting the private network to any public network;
be responsible for ensuring that the Member's personal computer is equipped with network card;
pay and settle all Fees and any other charges due to TM, if any, in accordance with this TOU;
abide and adhere to the terms and condition of this TOU;

5. MEMBER'S WARRANTIES

By using the Service, you represent and warrant that:

all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
your use of the Service shall not violate any applicable law or regulation currently in force;
Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address;
You are solely responsible for all content published or displayed through your account including any email messages, and any interactions and communications with other Members.

6. PROHIBITED USE

The Member shall:-

not use the Service for any unlawful purpose including and without limitation criminal purposes;
not infringe any intellectual property rights of any person;
upload, post or otherwise transmit any Content or other material that is unlawful, harmful, threatening, abusive, harassing, deceptive, fraudulent, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or contains explicit or graphic descriptions, or accounts of, sexual acts or racially, ethnically or otherwise objectionable;
upload, post or otherwise transmit any Content that the Member does not have a right to transmit under any law;
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any party;
intentionally or unintentionally violate any applicable local, state, national or international law
victimizes, harasses, degrades, or intimidates any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity, including but not limited to TM, its employees and agents;
encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;
upload, post or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
interfere with or disrupt the Service, its servers or networks connected to the Service, or use the Service in a manner that could damage, damage, disable, overburden, or impair the servers or networks, or interfere with any other party's use and enjoyment of the Service;
Use the Service to engage in commercial activities without TM Net's express approval. This includes, but is not limited to, the following activities:
exploit or in way use, whether or not for any form of personal gain and/or business, any of the Content unless specifically consented to, permitted or allowed by this TOU or TM
sell or otherwise transfer your profile.
transmit any chain letters or junk email to other Members

7. TM'S RIGHTS

7.1 TM reserves the right, in its sole discretion:

to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or

To remove commercial advertisements, affiliate, links, and other forms of solicitation from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by TM for any illegal or unauthorized use of the Service.
To investigate and take appropriate legal action in its sole discretion against anyone who violates any of the terms in this TOU, including without limitation, removing any offending communication from the Service and terminating the membership of such violators.
to review and delete any content, messages, YEMMZ Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of TM violate this TOU or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which TM deems appropriate in its sole discretion.

7.2 By posting any Content to the Service, you hereby grant to TM the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Service. This license will terminate at the time you remove such Content from the Service.

8. TERMINATION OF MEMBERSHIP

8.1 TM reserves the right to delete your profile or terminate your membership without notice in the event of breach of any terms in this TOU.

8.2 You may terminate your membership at any time. TM may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to TM for the use of the Service.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 TM owns or is the licensee of all Intellectual Property Rights in the www.yemmz.com. (save for the Content and Marks owned by any third parties),

9.2 Any uploaded Content belongs to the person who lawfully uploaded the Content on the Service.

9.3 The Content and/or The Service owned, operated, licensed or controlled by TM shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner without the written consent of TM.

9.4 The Member shall indemnify and save harmless TM against all costs, claims, demands, expenses, losses and liabilities arising out of any third party claim for any of the following in relation to the Content:

infringement of Intellectual Property Rights;
inaccuracy, insufficiency or misrepresentation of any part of the Content;
defamation;
breach of privacy, contract or confidentiality obligations; and/or
breach of any law and/or regulation.

9.5 The Content available on this Service is only for personal, non-commercial purposes. The Member may use the Content for personal use only. The Member shall not use the Content in a manner that exceeds the rights granted for the use of the Content. The user shall not use the Content or any portion of the Service or the Content to be reproduced, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without the Owner's prior written consent.

9.6 The Member shall without delay inform TM of any infringement or suspected infringement of TM's Intellectual Property Rights.

9.7 The Member warrants that any Content uploaded onto the Service (and any part thereof) by the Member ("Uploaded Content") and the use of the Uploaded Content do not infringe the Intellectual Property Rights of any person. The Member shall fully indemnify TM against any loss, claim, cost, expense, demand or liability, whether direct or indirect arising out of a claim by a third party against TM alleging that the Uploaded Content infringes any such Intellectual Property Rights.

edit or modify the Uploaded Content in order to avoid continuing infringement; or
procure the right to use the Uploaded Content in accordance with this Agreement; or
failing (a) and (b) above, withdraw the said Uploaded Content and replace the same with other Uploaded Content of the same monetary, entertainment and artistic value

9.9 The Member shall defend any claim, suit or proceedings brought against TM so far as it is based on a claim that the Uploaded Content or the use of the Uploaded Content infringes the Intellectual Property Rights of any third party. The Member shall indemnify TM against all damages and costs in any judgments entered in such a suit by a court of competent jurisdiction or proceedings and against settlements and costs arising out of such claim, suit or proceedings.

9.10 The Member shall obtain and maintain all licences, approvals and consent necessary to provide the Uploaded Content in accordance with this TOU.

10. SUSPENSION OF SERVICE

Without prejudice to any other rights or remedies and notwithstanding any waiver by TM of any previous breach by Member, TM may temporarily suspend the Service without any penalty for a period at TM's discretion for the following purpose:

in the event the Member fails to comply with any of the terms of this TOU;
for maintenance of TM's equipment and telecommunication systems;
scheduled or unscheduled outages which causes interruption to the Service.

and TM may at its discretion gives a notice to the Member by any means that TM deems fit.

11. TERMINATION

11.1 Without prejudice to any other rights or remedies of the parties under this TOU or at law, either party may terminate this TOU:

where the other Party breaches any term, condition, undertaking or warranty under this Agreement and such breach shall remain unremedied for a period of thirty (30) days after receipt of the written request to remedy the same;
becomes bankrupt or enters into any composition or arrangement with or for the benefit of creditors or either party or allow any judgment against either party to remain unsatisfied for the period of twenty-one (21) days; and/or
Due to an event of Force Majeure, which continues for a period of more than sixty (60) days.

11.2 Without prejudice to any other rights or remedies of TM under this TOU or at law, TM may terminate this TOU immediately if the Member;

Fails to comply with TM's policy(ies) and/or instruction(s) communicated to the Member in writing;
Is in breach of any provision under Communication and Multimedia Act 1998, or any other rules, regulation, by-laws, acts, ordinances, or any amendments to the above.

11.3 Such termination, as hereinbefore mentioned herein shall not prejudice the right of TM to recover all charges, costs, and interests due and any other incidental damages incurred thereto

11.4 Subject to Clause 11.1, 11.2 and 11.3 above, TM may terminate this Agreement or discontinue with the Service at any time without notice to the Member.

11.5 This TOU may be terminated by the Member at any time by discontinue the usage of the Service. In the event the Member terminates this TOU, the effective date of the termination shall be the date the notice of termination is received by TM or the last date of access or usage of the Service, as the case may be and the Member shall be liable for any accrued payment with regard to any accrued payment owing to TM, if any.

11.6 Any Fee and/or Charge paid shall not be refundable upon termination of the Service by the Member

11.7 TM shall not be liable to the Member for any claim for damages or costs of any nature whatsoever arising out of discontinuance, or termination or expiration of this TOU in accordance with its term including but not limited to any claim for loss of profits or prospective profits or for anticipated loss.

12. MEMBER'S DISPUTE

You are solely responsible for your interactions with other Members. TM reserves the right, but has no obligation, to monitor disputes between you and other Members.

13. DISCLAIMER

13.1 The Service is provided on "AS-IS" basis and TM expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TM cannot guarantee and does not promise any specific results from use of the Service.

13.2 While every care is taken by TM in the provision of the Service, TM shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents accuracy or quality or information available, received or transmitted through the Service.

13.3 The Member shall be solely responsible, and TM shall not be liable in any manner whatsoever, for ensuring that in using the Service all applicable laws, rules and regulations for the use of any telecommunications systems, service or equipment shall be all times complied with.

13.4 TM shall be not responsible for the Content appearing on the Member's home pages, or other Content posted by any Members, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed by others through the Service.

13.5 TM shall not be responsible for any of the Member's loss of data.

13.6 TM does not in any way screen its Members, nor does TM inquire into the backgrounds of its Members or attempt to verify the statements of its Members. TM makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. TM recommends that if you choose to meet or exchange personal information with any Member then you should take it upon yourself to do a background check on said person.

13.7 TM gives no warranty regarding any goods or services of the delivery of any goods or services purchased or obtained through the Service or advertised through its suppliers, sponsors or advertisers, or regarding any transactions entered into through the Service.

13.8 TM shall not be responsible or liable to the Member or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct of any other party or any infringement of another's rights, including intellectual property rights, occurring on or through or related to the Service.

13.9 TM shall not be liable for any indirect, special, incidental, consequential or exemplary damages including injury and death arising from the Member's use of, inability to use, or reliance upon the Service which shall include any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if TM knew or should have known of the possibility of such damages. The liability of TM shall be limited to the extent permitted by law.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL TM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE, EVEN IF TM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. INDEMNITY

15.1 You undertakes and agree to indemnify, save and hold TM, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless at all times against all actions, loss, liability, claim, or demand, proceedings, costs, and damages whatsoever including but not limited to libel, slander or infringement or copyright or other intellectual property rights, death, bodily injury or property damage however arising including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Term of Use and/or arising from a breach of this TOU and/or any breach of your representations and warranties set forth above.

15.2 By participating in any offline YEMMZ event, you agree to release and hold TM harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline YEMMZ event.

16. SEVERABILITY

If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

17. INDULGENCE AND WAIVER

Failure by TM to exercise any part or all of its rights under the terms and conditions of this TOU or any partial exercise shall not act as a waiver of such right nor shall any waiver by TM of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

18. NOTICE

All notices, requests or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by ordinary post or legible telefax addressed to the Party at latest address or facsimile number as any Party may from time to time duly notify to the other Party. Such notices, requests or other communications shall be deemed to have been given by facsimile immediately after transmission thereof or if sent by post, forty-eight hours after posting.

19. FORCE MAJEURE

TM shall not be liable for any breach of this TOU arising from cause beyond its control including but not limited to Acts of God, insurrection of civil disorder war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, industrial disputes of any kind (whether or not involving TM employees), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom TM is not responsible or any other cause whether similar or dissimilar outside TM's control.

20. GOVERNING LAW

This TOU shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction.

21. RECOURSE

If the Member is dissatisfied with the Service, or with any term, conditions, rules, policies, guidelines or practices of TM in operating the Service, the Member's sole and exclusive remedy is to discontinue using the Service.

22. TIME

Time, wherever mentioned shall be the essence of this Agreement.